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MARTIN v. KALVAR CORPORATION

No. 26677.

411 F.2d 552 (1969)

Bess A. MARTIN et al., Plaintiffs-Appellants, v. KALVAR CORPORATION et al., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

May 26, 1969.

Attorney(s) appearing for the Case

Louis P. Bickel, Johnson, Bromberg, Leeds & Riggs, Dallas, Tex., Gordon F. Wilson, Jr., Robert E. Leake, Jr., Hammett, Leake & Hammett, New Orleans, La., Brantly Harris, Lonard K. Wells, Houston, Tex., for plaintiffs-appellants.

Gibbons Burke, Harry McCall, Jr., Chaffe, McCall, Phillips, Burke, Toler & Sarpy, New Orleans, La., for defendants-appellees.

Before THORNBERRY and DYER, Circuit Judges, and FISHER, District Judge.

PER CURIAM:

The issue on appeal is whether the District Court properly denied the motion of Patrick S. Martin to intervene in a shareholder's derivative action to rescind Kalvar Corporation's acquisition of the stock of S. O. Systems, Inc. in exchange for Kalvar Corporation stock.

Intervention is divided into two classes under Rule 24 of the Federal Rules of Civil Procedure: (a) Intervention of right, and (b) Permissive...

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